Syed Saddiq launches second bid to impeach key prosecution witness

Syed Saddiq Syed Abdul Rahman, who is facing charges of criminal breach of trust (CBT) and money laundering, is again seeking to impeach the credibility of a key witness following discrepancies between the statement recorded by the Malaysian Anti-Corruption Commission (MACC) and his oral testimony in court.

This is the second bid by the defence to obtain leave to commence impeachment proceedings against Rafiq Hakim Razali, who is the former Bersatu Youth wing assistant treasurer, after the High Court rejected the first application on July 18. 

Syed Saddiq's counsel, Gobind Singh Deo, submitted that the contradictions were over Rafiq Hakim's oral testimony in court and his statement recorded by the MACC pursuant to Section 30 of the MACC Act 2009.

"The contradictions related to the time and place of the instructions allegedly given by Syed Saddiq to Rafiq Hakim and Ahmad Redzuan Mohamed Shafi, who was the Armada assistant secretary, for withdrawing RM1 million and the purpose of the fundraising event in Muar and the monies raised therefrom," the lawyer said.

He said the witness, in his oral testimony in court, had said that Syed Saddiq's order to withdraw the RM1 million was made after the Sheraton Move in a meeting at the accused's house.

"However, the witness in a statement to the MACC said the instruction for the withdrawal of RM1 million was made through a phone call in early March 2020," he added.

Gobind also submitted that there was a contradiction in Rafiq Hakim's oral testimony in court when he disagreed that the money in the Armada Bumi Bersatu Enterprise (ABBE) account was public funds raised by Syed Saddiq for his campaign in Muar.

He said that in his statement to the MACC, Rafiq Hakim confirmed that ABBE's financial resources were entirely from public contributions raised at a dinner in Muar and another dinner at the De Palma Hotel.

"The purpose of the dinner was held to get funds for Syed Saddiq to campaign in Muar," he said and requested to be given the witness statement recorded by the MACC.

Meanwhile, deputy public prosecutor Wan Shaharuddin Wan Ladin submitted that the defence's application was an abuse of the court process.
 
He said the defence wanted to get the MACC statement not to challenge the credibility of the witness, but to see the entire contents of the statement.

"Now, the defence is making a second attempt through the back door to start proceedings to challenge the credibility of the witness," he said.

After hearing submissions from both parties, judicial commissioner Azhar Abdul Hamid fixed July 25 for a decision.

Syed Saddiq, 29, was charged as the then Bersatu youth chief, entrusted with the control of Armada funds, with abetting Rafiq Hakim with CBT of RM1 million in funds belonging to the wing.

He was also charged with misusing property for himself, namely RM120,000 from the Maybank Islamic account belonging to Armada Bumi Bersatu Enterprise by causing Rafiq Hakim to dispose of the money at Malayan Banking, Jalan Pandan 3/6A, Taman Pandan Jaya between April 8 and 21, 2018.

He also faces two counts of engaging in money laundering activities through two transactions of RM50,000, believed to be the proceeds of unlawful activities, from his Maybank Islamic account into his Amanah Saham Bumiputera account.